Youth Criminal Justice Act

Question 1

What 2 sets of forces initiated the switch from the Juvenile Delinquents act to the Young Offenders act?

Answer 1

A. Civil Rights & liberty organizations - JDA was a problem to young peoples rights & liberties
○ Liberal approach
B. Crime control models/just deserts
○ Conservative approach

Question 2

What is the legal rights discourse?

Answer 2

• In 1960, youth thought of as legal objects
• Concerns over children’s rights
  ○ Young people weren’t aware of their rights
  ○ Rights overlooked
• Young people didn’t know rights in courts therefore procedures weren’t followed properly
• Lack of consistent age limits (varied from 16-18)
• Legal rights turmoil occurring in society
  e.g. civil rights mvmt, women mvmt, vietnam war, Canadian Charter of Rights & Freedom

Question 3

What is the law & order discourse?

Answer 3

• Crime seen to be on an increase - due to various reasons
• Crime up due to post war baby boom

Question 4

List reasons why crime was seen as being on the rise according to the law & order discourse.

Answer 4

• Youth culture shifting
  ○ Moral Panics - post war affluence, drug culture
  among middle class youth
  ○ Youth had more money, bigger youth consumer
  culture
  ○ More affluence - youth had more control & had
  more opportunity to commit crime
• American TV & Mass Media
  ○ American networks began to become
  broadcasted in Canada
  ○ More exposed to American culture
  ○ Thought of as a bad influence on youth - copy
  what they see on tv
• Youth seen as responsible offenders
  ○ Changed from delinquents to offenders - more
  adult approach
  ○ Move from treatment to punishment
  ○ More punitive
  ○ Greater use of custody (short, sharp, shocks)
  - more kids put into jail following YOA
  - Scared straight programs

Question 5

differentiate between EJM & EJS

Answer 5

Extrajudicial Measures
§ If they complete, no criminal record
§ Designed to put few youth in courts
Extrajudicial Sanctions
- action that youth must take if found guilty
- e.g. volunteer, pay fine, etc.

Question 6

What are the principles of the YCJA?

Answer 6

1. Promoting public protection through rehabilitation - repair harmful attitude & behaviour through specialized treatment.
2. Administer Justice in ways that resonate w/ Youth needs - understand responsibility & emphasize proportionate accountability
3. Provide Measures that balance restorative justice w/ accountability
4. Provide additional special considerations unique to youth - allow youth to participate, address victims, include parents